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Book ...i.li.O.Q.- . 


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.56th CONGRESS, 
1st Session. 


[Report No. 305.] 




IN TEE HOUSE OF REPRESENTATIVES. 

December 8, 1899. 

Mr. Hitt introduced the following bill; which was referred to the Committee on 
the Territories and ordered to be printed. 

February 12, 1900. • 

Reported with amendments, committed tg the Committee of the Whole House 
on the state of the Union, and ordered to be printed. 

[Omit the part struck through and insert the part printed in italics.] 


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To provide a government for the Territory of Hawaii. 

Be it enacted by the Senate and House of Represen fa 
tives of the United States of America in Congress assembled 
Chapter I. —General Provisions. 

DEFINITIONS. 

Sec. 1. That the phrase “the laws of Hawaii,” as used 
in this Act without qualifying words, shall mean the constitu¬ 
tion and laws of the Republic of Hawai R-ht e l u ding regulations 
h aving the effect of law and the decisio ns of t h e sup reme 

ee urt in force at the time-of on the twelfth day of August , 
eighteen hundred and ninety-eight , at the time of the transfer 
of the sovereignty of the Hawaiian Islands to the United 
States of America. 


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The constitution and statute laws of the Republic of 
Hawaii then in force, set forth in a compilation made by Sid- 










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ney M. Ballou under the authority of the legislature, and pub¬ 
lished in two volumes entitled “Civil Laws” and “Penal 
Laws,” respectively, and in the Session Laws of the Legis¬ 
lature for the session of eighteen hundred and ninety-eight, 
are referred to in this Act as “Civil Laws,” “Penal Laws,” 
and “Session Laws.” 

TERRITORY OF HAWAII. 

Sec. 2. That the islands acquired by the United States 
of America under an Act of Congress entitled “Joint resolu- 
tion to provide for annexing the Hawaiian Islands to the 
United States,” approved July seventh, eighteen hundred and 
ninety-eight, shall he known as the Territory of Hawaii. 

GOVERNMENT OF THE TERRITORY OF HAWAII. 

Sec. 3. That a Territorial government is hereby estab¬ 
lished over the said Territory, with its capital at Honolulu, on 
the island of Oahu. 

CITIZENSHIP. 

Sec. 4. That all persons who were citizens of the Re¬ 
public of Hawaii on August twelfth, eighteen hundred and 
ninety-eight, are hereby declared to be citizens of the United 
States and citizens of the Territory of Hawaii. 

And all citizens of the United States who were resident 
in the Hawaiian Islands on or since August twelfth , eighteen 
hundred and ninety-eight, and all citizens of the United States 
who shall hereafter reside in the Territory of Hawaii for one 
year shall he citizens of the Territory of Hawaii. 



MAY 18 190b 




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APPLICATION OF THE LAWS OF THE UNITED STATES. 

Sec. 5. That except as herein otherwise provided the 
Constitution and all the laws of the United States locally ap¬ 
plicable— except as herein otherwise - provided ? shall have the 
same force and effect within the said Territory as elsewhere 
in the United States: Provided, That secti o n sections eight¬ 
een hundred and fifty and eighteen hundred and ninety of 
the Revised Statutes of the United States shall not apply to 
the Territory of Hawaii. 

LAWS OF HAWAII. 

Sec. 6. That the laws of Hawaii not inconsistent with 
the Constitution or laws of the United States or the provi¬ 
sions of this Act shall continue in force, subject to repeal or 
amendment by the legislature of Hawaii or the Congress of 
the United States. 

Sec. 7. That the constitution of the Republic of Hawaii 
and the laws of Hawaii, as set forth in the following acts, 
chapters, and sections of the civil laws, penal laws, and session 
laws, and relating to the following subjects, are hereby repealed: 

Civil Laws: Sections two and three, Promulgation of 
laws; chapter five, Flag and seal; sections thirty to thirty- 
three, inclusive, Tenders for supplies; chapter seven, Minister 
of foreign affairs; chapter eight, Diplomatic and consular 
agents; sections one hundred and thirty-four and one hundred 
and thirty-five, National museum; chapter twelve, Education 




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of Hawaiian youths abroad; sections one hundred and fifty to 
one hundred and fifty-six, inclusive, Aid to board of education; 
chapter fourteen, Minister of the interior; sections one hundred 
and sixty-six to one hundred and sixty-eight, inclusive, one hun¬ 
dred and seventy-four and one hundred and seventy-five, Gov¬ 
ernment lands; section one hundred and ninety, Board of com¬ 
missioners of public lands; section four hundred and twenty- 
four, Bureau of agriculture and forestry; chapter thirty-one, 
Agriculture and manufactures; chapter thirty-two, Ramie; 
chapter thirty-three, Taro flour; chapter thirty-four, De¬ 
velopment of resources; chapter thirty-five, Agriculture; 
section four hundred and seventy-seven, Brands; chapter 
thirty-seven, Patents ; chapter thirty-eight, Copyrights ; sec¬ 
tions five hundred and fifty-six and five hundred and fifty- 
seven, Railroad subsidy; chapter forty-seven, Pacific cable; 
chapter forty-eight, Hospitals; chapter fifty-one, Coins and 
currency; chapter fifty-four, Consolidation of public debt, 
chapter fifty-six, Post-office; chapter fifty-seven, Exemp¬ 
tions from postage; chapter fifty-eight, Postal savings bank; 
chapter sixty-five, Import duties; chapter sixty-six, Im 
ports; chapter sixty-seven, Ports of entry and collection 
districts; chapter sixty-eight, Collectors; chapter sixty-nine, 
Registry of vessels; section ten hundred and eleven, Custom 
house charges; section eleven hundred and two, Elections; 
section eleven hundred and thirty-two, Appointment of mag- 


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istrate; last clause of first subdivision and fifth subdivision of 
section eleven hundred and forty-four, first subdivision of sec¬ 
tion eleven hundred and forty-five, Jurisdiction; sections eleven 
hundred and seventy-three to eleven hundred and seventy- 
eight, inclusive, Translation of decisions; section eleven hun¬ 
dred and eighty-eight, Clerks of court; sections thirteen hun¬ 
dred and twenty-nine, thirteen hundred and thirty-one, thir¬ 
teen hundred and thirty-two, thirteen hundred and forty-seven 
to thirteen hundred and fifty-four, inclusive, Juries; sections 
fifteen hundred and nine to fifteen hundred and fourteen, inclu¬ 
sive, Maritime matters; chapter one hundred and two, Natu¬ 
ralization; section sixteen hundred and seventy-eight, Habeas 
corpus; chapter one hundred and eight, Arrest of debtors; 
subdivisions six, seven, ten, twelve to fourteen of section sev¬ 
enteen hundred and thirty-six, Garnishment; sections seven¬ 
teen hundred and fifty-five to seventeen hundred and fifty- 
eight, inclusive, Liens on vessels; chapter one hundred and 
sixteen, Bankruptcy; and sections eighteen hundred and 
twenty-eight to eighteen hundred and thirty-two, inclusive, 
Water rights. 

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Penal Laws: Chapter six, Treason; sections sixty-five 
to sixty-seven, inclusive, Foot binding; chapter seventeen, 
Violation of postal laws; section three hundred and fourteen, 
Blasphemy; sections three hundred and seventy-one to three 
hundred and seventy-two, inclusive, Vagrants; sections four 


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hundred and eleven to four hundred and thirteen, inclusive, 
Manufacture of liquors; chapter forty-three, Offenses on the 
high seas and other waters; sections five hundred and ninety- 
five and six hundred and two to six hundred and five, 
inclusive, Jurisdiction; section six hundred and twenty-three, 
Procedure; sections seven hundred and seven hundred and 
one, Imports; section seven hundred and fifteen, Auction 
license; section seven hundred and forty-five, Commercial 
travelers; sections seven hundred and forty-eight to seven 
hundred and fifty-five, inclusive, Firearms; sections seven 
hundred and ninety-six to eight hundred and nine, inclusive, 
Coasting trade; sections eight hundred and eleven and eight 
hundred and twelve, Peddling foreign goods; sections eight 
hundred and thirteen to eight hundred and fifteen, inclusive, 
Importation of live stock; section eight hundred and nineteen 
Imports; sections eight hundred and eighty-six to nine hun¬ 
dred and six, inclusive, Quarantine; section eleven hundred 
and thirty-seven, Consuls and consular agents; chapter sixty- 
seven, Whale ships; sections eleven hundred and forty-five to 
eleven hundred and seventy-nine, inclusive, and twelve hun¬ 
dred and four to twelve hundred and nine, inclusive, Arrival, 
entry, and departure of vessels; chapters sixty-nine to seventy- 
six, inclusive, Navigation and other matters within the exclusive 
jurisdiction of the United States; sections thirteen hundred and 
forty-seven and thirteen hundred and forty-eight, Fraudulent 


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exportation; chapter seventy-eight, Masters and servants; 
chapter ninety-three, Immigration; sections sixteen hundred 
and one, sixteen hundred and eight, and sixteen hundred and 
twelve, Agriculture and forestry; chapter ninety-six, Seditious 
offenses; and chapter ninety-nine, Sailing regulations. 

Session Laws : Act fifteen, Elections; Act twenty-six, 
Duties; Act twenty-seven, Exemptions from duties; Act 
thirty-two, Registry of vessels; section four of Act thirty- 
eight, Importation of live stock; Act forty-eight, Pacific cable; 
Act sixty-five, Consolidation of public debt; Act sixty-six, 
Ports of entry; and Act sixty-eight, Chinese immigration. 


CERTAIN OFFICES ABOLISHED. 

Sec. 8. That the offices of President, minister of foreign 
affairs, minister of the interior, minister of finance, minister 
of public instruction, auditor-general, deputy auditor-general, 
surveyor-general, marshal, and deputy marshal of the Repub¬ 
lic of Hawaii are hereby abolished. 


AMENDMENT OF OFFICIAL TITLES. 

Sec. 9. That wherever the words “President of the 
Republic of Hawaii,” or “Republic of Hawaii,” or “Govern¬ 
ment of the Republic of Hawaii,” or their equivalents, occur 
in the laws of Hawaii not repealed by this Act, they are hereby 
amended to read “Governor of the Territory of Hawaii,” or 
“Territory of Hawaii,” or “Government of the Territory of 
Hawaii,” or their equivalents, as the context requires. 


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CONSTRUCTION OF EXISTING STATUTES. 

Sec. 10. That all obligations, contracts, rights of action, 
suits at law and in equity, prosecutions, and judgments exist¬ 
ing prior to the taking effect of this Act shall continue to be 
as effectual as if this Act had not been passed; and those 
in favor of or against the Republic of Hawaii, and not 
assumed by or transferred to the United States, shall lie 
equally valid in favor of or against the government of the 
Territory of Hawaii. All offenses which by statute then in 
force were punishable as offenses against the Republic of 
Hawaii shall be punishable as offenses against the govern¬ 
ment of the Territory of Hawaii, unless such statute is 
inconsistent with this Act, or shall be repealed or changed by 
law. All criminal and penal proceedings then pending in 
the courts of the Republic of Hawaii shall be prosecuted to 
final judgment and execution in the name of the Territory 
of Hawaii; all such proceedings, all actions at law, suits in 
equity, and other proceedings then pending in the courts 
of the Republic of Hawaii shall be carried on to final judg¬ 
ment and execution in the corresponding courts of the Terri¬ 
tory of Hawaii; and all process issued and sentences imposed 
before this Act takes effect shall be as valid as if issued or 
imposed in the name of the Territory of Hawaii. 

STYLE OF FROOESS. 

Sec. 11 . That the style of all process in the Territorial 


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courts shall run in the name of “The Territory of Hawaii,” 
and all prosecutions shall be carried on in the name and hy 
the authority of the Territory of Hawaii. 

Chapter II.—The Legislature. 


THE LEGISLATIVE POWER, 


Sec. 12 . That the legislature of the Territory of Hawaii 


shall consist of two houses, styled, respectively, the senate and 
house of representatives, which shall organize and sit sepa- 
rately, except as otherwise herein provided. 

The two houses shall be styled “The legislature of the 
Territory of Hawaii.” 

Sec. 13. That no person shall sit as a senator or repre¬ 
sentative in the legislature unless elected under and in con¬ 
formity with this Act, 

GENERAL ELECTIONS. 


Sec. 14. That a general election shall he held on the 
Tuesday next after the first Monday in November, nineteen 
hundred, and every second year thereafter: Provided, how¬ 
ever, That the governor may, in his discretion, on thirty days' 
notice, order a special election before the first general election, 

if, in his opinion, the public interests shall require a special 

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session of the legislature. 

SUPREME COURT EACH HOUSE JUDGE OF QUALIFICATIONS 

OF MEMBERS. 

Sec. 15. That in - ease any election to a seat in cither 
H. R, 2972-2 





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house 4s di s pu ted- a ndHeg a hy-eonte stod - , - d - h e- snprcme - court -of 
■ tke-Temtory of Hawa h- shall be the sole judge of whether " 0 ? 
not a-legal election for sueb seat- b us been -h e l d -g- and, if it s ha h 
find that ft legnl - elee0 tui-bt(-s-4>eeft- beld r it ■ shall be the sole 
judgc - of -- whe -h a s been elected ? That each house shall he the 
judge of the elections, returns, and qualifications of its own 
members. 

DISQUALIFICATIONS OF LEGISLATORS. 

Sec. 16. That no member of the legislature shall, during 
the term for which he is elected, be appointed or elected to 
any office of the Territory of Hawaii. 

DISQUALIFICATIONS OF GOVERNMENT OFFICERS AND 

EMPLOYEES. 

Sec. 17. That no person holding office in or under or 
by authority of the Government of the United States or of 
the Territory of Hawaii m ef a din g^ot - a ri cs public mid -a gent s 
t e- tak e- aelai owl cdgincuts, nor any - empleycc - ef said - gover n¬ 

ment - shall be eligible to election to the legislature, or to hold 
the position of a member of the same while holding said office. 

Sec. 18. That no person shall be entitled to register or 
vote at any g ene r a l election in the Territory of Hawaii pr i er - to 
oinetcci r—him drcd ' an d three ; - who - , -hawi ng be e n—entitled to 


q ua t hy -and— vote-under the constitu thm-aad - 4 awe - ef- Hawaii 

















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voter, unless lie shall take an oath to support the Constitution 
of the United States. 4> ut this disqualification shah - n o t-apply 
to any person so entitled to vote at n - general-election who 
was prevented f rom-re gi s te r mg - as a vo te r by re ason of sick - 

ncss or ueeessarv ab s eiiee from the Hawaiian Island s . 

t/ 

No idiot or insane person, - and no person who -sh a -h- b e 

exp e lled - from the legislature for giving or receiving bribes or 

bei n g - accessory th er eto, and -no-p erson - who-in ' due - course of 

law ; ■ shall have been -convicted — o f —Ittfee m^-bribery - , - -gross 
cheat, or of any-c rindna - l - offonsc punishal.)le-b t v impriso nm ent ; 

whether with or withou t- hnrd labor, for a term exceeding - two 

years, whether wi th or without fine, shall register to vote or 

shah - v o te or hold anv office in-or - under, or bv-authorit v - of - 

the Government — unless the person so convicted shall ha ve 

bcen - pa rd oncd and restored to his civil right s 

OATH OF OFFICE. 

Sec. 19. That every member of the legislature, and all 
officers of the Territory of Hawaii, shall take the following 
oath or affirmation: 

I solemnly swear (or affirm), in the presence of Almighty 
God, that I will faithfully support the Constitution and laws 
of the United States, and conscientiously and impartially dis¬ 
charge my duties as a member of the legislature, or as an 
officer of the Territory of Hawaii (as the case may be). 



















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OFFICERS AND RULES. 

Sec. 20. That the senate and house of representatives 
shall each choose its own officers, determine the rules of its 
own proceedings, not inconsistent with this Act, and keep a 
journal. 

AYES AND NOES. 

Sec. 21. That the ayes and noes of the members on any 
question shall, at the desire of one-fifth of the members pres¬ 
ent, be entered on the journal. 

QUORUM. 

Sec. 22. That a majority of the number of members to 
which each house is entitled shall constitute a quorum of such 
house for the conduct of ordinary business, of which quorum 
a majority vote shall suffice; but the final passage of a law 
in each house shall require the vote of a majority of all the 
members to which such house is entitled. 

Sec. 23. That a smaller number than a quorum may 
adjourn from day to day, and compel the attendance of absent 
members, in such manner and under such penalties as each 
house may provide. 

Sec. 24. That, for the purpose of ascertaining whether 
there is a quorum present, the chairman shall count the num¬ 
ber of members present. 

PUNISHMENT OF PERSONS NOT MEMBERS. 

Sec. 25. That each house may punish by fine, or by 


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imprisonment not exceeding thirty days, any person not a 
member of either house who shall he guilty of disrespect of 
such house by any disorderly or contemptuous behavior in its 
presence or that of any committee thereof. 

COMPENSATION OF MEMBERS. 

Sec. 26. That the members of the legislature shall re- 
ceive for their services, in addition to mileage at the rate of 
ten cents a mile each way, the sum of four hundred dollars 
for each regular session of the legislature, payable in three 
equal installments on and after the first, thirtieth, and fiftieth 
days of the session, and the sum of two hundred dollars for 
each extra session of the legislature. 

PUNISHMENT OF MEMBERS. 

Sec. 27. That each house may punish its own members 
for disorderly behavior or neglect of duty, by censure, suspcn 
sion, o r expulsion, or by a two-thirds vote suspend or expel a 
member. 

EXEMPTION FROM LIABILITY. 

Sec. 28. That no member of the legislature shall be 
held to answer before any other tribunal for any words 
uttered in the exercise of his legislative functions in either 
house. 

EXEMPTION FROM ARREST. 

Sec. 29. That the members of the legislature shall, in 
all cases except treason, felony, or breach of the peace, be 




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privileged from arrest during, tlieir attendance at the sessions 
of the respective houses, and in going to and returning from 
the same: Provided, That such privilege as to going and 
returning shall not cover a period of over ten days each way. 

The Senate. 

NUMBER OF MEMBERS. 

Sec. 30. That the senate shall be composed of fifteen 
members, who shall hold office for four years: Provided, 
however, That of the senators elected at the first general elec¬ 
tion shall-h e kl office for one year onlv T — a n d — that—of the 
senato f s - elected at the second general election, two from the 
first district, one from the second, three from the third, and 
one from the fourth district shall hold office for two years 
only, the details of such apportionment to he provided for by 
the legislature. 

VACANCIES. 

Sec. 3 1. That vacancies caused by death, resignation, or 
otherwise shall be filled for the unexpired term at general or 
special elections. 

SENATORIAL DISTRICTS. 

Sec. 32. That for the purpose of representation in the 
senate, until otherwise provided by law, the Territory is 
divided into the following senatorial districts, namely: 

First district: The island of Hawaii. 

Second district: The islands of Maui, Molokai, Lanai, 
and Kahoolawe. 




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Third district: The island of Oahu. 

Fourth district: The islands of Kauai and Niihau. 

Sec. 33. That the electors in the said districts shall be 
entitled to elect senators as follows: 

In the first, district, four; 

In the second district, three; 

In the third district, six; 

Tn the fourth district, two. 

QUALIFICATIONS OF SENATORS. 


Sec. 34. That in order to be eligible to election as a 
senator a person shall— 

Be a male citizen of the United States; 

Have attained the age of th ir ty twenty-five years; 

Have resided in the Hawaiian Islands not less than 
three years and be qualified to vote for senators. 

The House of Representatives. 

NUMBER OF REPRESENTATIVES. 

Sec. 35. That the house of representatives shall be 
composed of thirty members, elected, except as herein pro¬ 


vided, every second year. 


TERM OF OFFICE. 


Sec. 36. That the term of office of the representatives 
elected at any general or special election shall be until the 
next general election held thereafter. 

VACANCIES. 

Sec. 37. That vacancies caused by death, resignation, 



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or otherwise shall be filled for the unexpired term at general or 
special elections. 

REPRESENTATIVE DISTRICTS. 

Sec. 38. That for the purpose of representation in the 
house of representatives, until otherwise provided by law, 
the Territory is divided into the following representative dis¬ 
tricts, namely: 

First district: That portion of the island of Hawaii 
known as Puna, Hilo, and Hamakua. 

Second district: That portion of the island of Hawaii 
known as Kau, Kona, and Kohala. 

Third district: The islands of Maui, Molokai, Lanai, 
and Kahoolawe. 

Fourth district: That portion of the island of Oahu lying 
east and south of Nuuanu street and a line drawn in extension 
thereof from the Nuuanu Pali to Mokapu Point. 

Fifth district: That portion of the island of Oahu lying 
west and north of the fourth district. 

Sixth district: The islands of Kauai and Niihau. 
apportionment. 

Sec. 39. That the electors in the said districts shall be 
entitled to elect representatives as follows: 

In the first district, four; - . 

In the second district, four; 

In the third district, six; 


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In the fourth district, six; 

In the fifth district, six; 

In the sixth district, four. 

QUALIFICATIONS OF REPRESENTATIVES. 

Sec. 40. That in order to be eligible to be a member of 
the house of representatives a person shall, at the time of 
election— 

Have attained the age of twenty-five years, 

Be a male citizen of the United States; 

Have resided in the Hawaiian Islands not less than 
three years; 

And shall be qualified to vote for representatives 

Legislation. 

SESSIONS OF THE LEGISLATURE. 

Sec. 41. That the first regular session of the legislature 
shall be held on the third Wednesday in February, nineteen 
hundred and one, and biennially thereafter, in Honolulu. 

Sec. 42. That neither house shall adjourn during any 
session for more than three days, or sine die, without the con¬ 
sent of the other. 

Sec. 43. That each session of the legislature shall con¬ 
tinue not longer than sixty days, excluding Sundays and holi¬ 
days: Provided , however, That the governor may extend 
such session for not more than thirty days. 

IT. R, 2972-3 



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The governor may convene the legislature, or the senate 
alone, in special session, and, in case the seat of government 
shall be unsafe from an enemy, riot, or insurrection, or any 
dangerous disease, direct that any regular or special session 
shall he held at some other than the regular meeting place. 

ENACTING CLAUSE—ENGLISH LANGUAGE. 

Sec. 44. That the enacting clause of all laws shall be, 
“Be it enacted by the legislature of the Territory of Hawaii.” 

All legislative proceedings shall he conducted in the 
English language. 

TITLE OF LAWS. 

Sec. 45. That each law shall embrace but one subject, 
which shall be expressed in its title. 

READINGS OF BILLS. 

Sec. 46. That a bill in order to become a law shall, ex¬ 
cept as herein provided, pass three readings in each house, on 
separate days, the final passage of which in each house shall be 
by a majority vote of all the members to which such house is 
entitled, taken by ayes and noes and entered upon its journal. 
CERTIFICATION OF BILLS FROM ONE HOUSE TO THE OTHER. 

Sec. 47. That every bill when passed by the house in 
which it originated, or in which amendments thereto shall 
have originated, shall immediately be certified by the chair¬ 
man and clerk and sent to the other house for consideration. 


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SIGNING BILLS. 

Sec. 48. That, except as herein provided, all bills passed 
by the legislature shall, in order to be valid, be signed by the 
governor. 

VETO OF GOVERNOR. 

Sec. 49. That every bill which shall have passed the 
legislature shall be certified by the presiding officers and clerks 
of both houses, and shall thereupon be presented to the gov¬ 
ernor. If he approves it, he shall sign it, and it shall become 
a law. If the governor does not approve such bill, he may 
shall return it, with his objections, to the legislature. 

He may veto any specific item or items in any bill which 
appropriates money for specific purposes; but shall veto other 
bills, if at all, only as a whole. 

procedure upon receipt of veto. 

Sec. 50. That upon the receipt of a veto message from 
the governor, each house of the legislature shall enter the 
same at large upon its journal, and proceed to reconsider such 
bill, or part of a bill, and again vote upon it by ayes and noes, 
which shall be entered upon its journal. 

If after such reconsideration such bill, or part of a bill, 
shall be approved by a two-thirds vote of all the members to 
which each house is entitled, it shall thereby become law. 
failure to sign or veto. 

Sec. 51. That if the governor neither signs nor vetoes 


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a bill within ten days after it is delivered to him it shall be¬ 
come a law without his signature, unless the legislature ad¬ 
journs sine die prior to the expiration of such ten days. 

If any bill shall not be returned by the governor within 
ten days (Sundays excepted) after it shall have been pre¬ 
sented to him, the same shall be a law in like manner as if 
he had signed it, unless the legislature by their adjournment 
prevents its return, in which case it shall not be a law. 

In computing such period of ten days Sundnys-and the 

d ay upon which the bill is delivered to the governor shall be 

APPROPRIATIONS. 

Sec. 52. That appropriations, except as otherwise herein 
provided, shall be made biennially by the legislature. 

Sec. 53. That the governor shall submit to the legisla- 
ture, at each regular session, estimates for appropriations for 
the succeeding biennial period. 

Sec. 54. That in case of failure of the legislature to 

© 

pass appropriation bills providing for payments of the neces¬ 
sary current expenses of carrying on the government and 
meeting its legal obligations as the same are provided for 
by the then existing laws, the governor shall, upon the ad¬ 
journment of the legislature, call it in extra session for the 
consideration of appropriation bills, and until the legislature 
shall have acted the treasurer may, with the advice of the 




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governor, make suck payments, for which purpose the sums 
appropriated in the last appropriation hill shall he deemed to 
have keen reappropriated. 

LEGISLATIVE POWER. 

Sec. 55. That the legislative power of the Territory 
shall extend to all rightful subjects of legislation not incon¬ 
sistent with the Constitution and laws of the United States 
locally applicable. The legislature , at its first regular session 
after the census enumeration shall be ascertained, and from 
time to time thereafter, shall reapportion the membership in 
the senate and house of representatives among the sena¬ 
torial and representative districts on the basis of the popu¬ 
lation in each of said districts who are citizens of the 
Territory; hut the legislature shall not grant to any cor¬ 
poration, association, or individual any special or exclusive 
privilege, immunity, or franchise without the approval of Con¬ 
gress; nor shall it grant private charters, but it may by general 
act permit persons to associate themselves together as bodies 
corporate for manufacturing, agricultural, and other industrial 
pursuits, and for conducting the business of insurance, savings 
banks, banks of discount and deposit (but not of issue), loan, 
trust, and guaranty associations, for the establishment and con¬ 
duct of cemeteries, and for the construction and operation of 
railroads, wagon roads, vessels, and irrigating ditches, and the 
colonization and improvement of lands in connection there- 


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with, or for colleges, seminaries, churches, libraries, or 
any other benevolent, charitable, or scientific association. 
No divorce shall be granted by the legislature, nor shall any 
divorce be granted by the courts of the Territory unless 
the applicant therefor shall have resided in the Territory for 
one two year years next preceding the application, but this 
provision shall not affect any action pending when this Act 
takes effect; nor shall any lottery or sale of lottery tickets be 
allowed; nor shall any public money be appropriated for the 
support or benefit of any sectarian, denominational, or private 
school, or any school not under the exclusive control of the 
government; nor shall the government of the Territory of 
Hawaii, or any political or municipal corporation or subdivi¬ 
sion of the Territory, make any subscription to the capital 
stock of any incorporated company, or in any manner 
lend its credit for the use thereof; nor shall any debt 
be authorized to be contracted by or on behalf of 
the Territory, or any political or municipal corporation or 
subdivision thereof, except te—mee i-a c asual deficit in the 
revenues^ to pay the interest upon the existing indebted¬ 
ness, to suppress insurrection, or to provide for the common 
defense, except that in addition to any indebtedness created 
for such purposes the legislature may authorize loans by the 
Territory, or any such subdivision thereof, for the erection of 
penal, charitable, and educational institutions, and for public 




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buildings, wharves, roads, and harbor and other public improve¬ 
ments, but the total of such indebtedness incurred in any one 
year by the Territory or any subdivision shall not exceed one 
per centum upon the assessed value of taxable property of 
the Territory or subdivision thereof, as the case may be, as 
shown by the last general assessment for taxation, and the 
total indebtedness tor the Territory shall not at any time be 
extended beyond seven per centum of such assessed value, 
and the total indebtedness of any subdivision shall not at anv 
time be extended beyond three per centum of such assessed 
value, but nothing in this provision shall prevent the refund¬ 
ing of any existing indebtedness at any time; nor shall any 
such loan be made upon the credit of the public domain or 
any part thereof, nor shall any bond or other instrument of 
any such indebtedness be issued unless made redeemable in 
not more than five years and payable in not more than fifteen 
years from the date of the issue thereof. No retrospective 
law shall be enacted. 

TOWN, CITY, AND COUNTY GOVERNMENT. 

Sec. 56. That the legislature may create counties and 
town and city municipalities within the Territory of Hawaii 
and provide for the government thereof. 

Elections. 

EXEMPTION OF ELECTORS ON ELECTION DAY. 

Sec. 57. That every elector shall be privileged from 


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arrest on election day during his attendance at election and 
in going to and returning therefrom, except in case of breach 
of the peace then committed, or in case of treason or felony 

Sec. 58. That no elector shall be so obliged to perform 
military duty on the day of election as to prevent his voting, 
except in time of war or public danger, or in case of absence 
from his place of residence in actual military service, in which 
case provision may be made by law for taking his vote. 

METHOD OF VOTING FOE REPRESENTATIVES. 

Sec. 59. That each voter for representative may cast, 
one a vote for as many representative representatives as are 
to be elected from the representative district in which he is 
entitled to vote. 

The required number of candidates receiving the high¬ 
est number of votes in the respective representative districts 
shall be the representatives for such districts. 

QUALIFICATIONS OF VOTERS FOR REPRESENTATIVES. 

Sec. 60. That in order to be qualified to vote for repre¬ 
sentatives a person shall— 

First. Be a male citizen of the United States. 

Second. Have resided in the Territory not less than one 
year preceding and in the representative district in which 
he offers to register not less than three months immediately 
preceding the time at which he offers to register. 

Third. Have attained the age of twenty-one years. 



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Fourth. Prior to each regular election, during the time 

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prescribed by law for registration, have caused his name to 
be entered on the register of voters for representatives for 
his district. 

Fifth. Prior to such registration have paid e u- or - before 
the thirty - first d ay-e f March next preceding the date of rcg - 
ts tmtion, a l l - taxes a poll tax of one dollar for the current 
year, due by him to the government. 

Sixth. Be able to speak, read, and write the English or 
Hawaiian language. 

o o 

METHOD OF VOTING FOE SENATORS. 

Sec. 61. That each voter for senators may cast one 
vote only for each senator to be elected from the senatorial 
district in which he is entitled to vote. 

The required number of candidates receiving the highest 
number of votes in the respective senatorial districts shall he 
the senators for such district. 


QUALIFICATIONS OF VOTERS FOR SENATORS. 

Sec. 62. That in order to be qualified to vote for senators 
a person must possess all the qualifications and be subject to 
all the conditions required by this Act of voters for repre¬ 
sentatives^— and - , in -- addition—th er eb y -he-sh a fi - own and ho 
pos sessed in his own right of Teal property - m - tlic Territory of 

the value of not - less than one thousand- d ollars; and upon 

-4 


H. B, 2972 










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which legal taxes ahull h av e boon paid on tliat valuation - for 

the year next preceding the o t te - in - which such person offers 

to register; or shall have actually received a money income 

of not - les s than six hundred dollars during the vear t reat 

preceding the first -d ny-of - A - pril next preceding the date of 

each -registration . 

Sec. 63. That no person shall be allowed to vote who 
is in the Territory by reason of being in the Army or Navy or 
by reason of being attached to troops in the service of the 
United States. 

Sec. 64. That the rules and regulations for administering 
oaths and holding elections set forth in Ballou’s Compilation, 
Civil Laws, Appendix, and the list of registering districts and 
precincts appended, are continued in force with the following 
changes, to wit: 

Strike out the preliminary proclamation and sections one 

to twenty-six, inclusive, sections thirty and thirty-nine, the 

second and third paragraphs of section forty-eight, the second 

paragraph of section fifty, and sections sixty-two, sixty-three, 

and sixty-six, second paragraph of section one hundred. 

In section twenty-nine strike out all after the word 

“Niihau” and in lieu thereof insert: “The boards of reds- 

© 

tration existing at the date of the approval of this Act shall 
go out of office, and new boards, which shall consist of three 
members each, shall be appointed by the governor, by and 








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with the advice and consent of the senate, whose terms of 
office shall he four years. Appointments made by the gov¬ 
ernor when the senate is not in session shall be valid until the 
succeeding meeting of that body.” 

In section thirty-one strike out “the first day of April 
and the thirtieth day of June, in the year eighteen hundred 
and ninety-seven,” and insert in lien thereof “the last day of 
August and the tenth day of October, in the year nineteen 
hundred.” 

Strike out the words “and the detailed record” in sec¬ 
tions fifty-two and one hundred and twelve. 

Strike out “marshal” wherever it occurs and insert in 
lieu thereof “high sheriff.” 

Strike out of section fifty-three the words “except as 
provided in section one hundred and fourteen hereof.” 

In sections fifty-three, fifty-four, fifty-six, fifty-seven, 
fifty-nine, sixty, seventy-one, seventy-five, eighty-six, ninety- 
two, ninety-three, ninety-four, ninety-five, one hundred and 
eleven, one hundred and twelve, and one hundred and thirteen 
strike out the words “minister” and “minister of the interior” 
wherever they occur and insert in lieu thereof the words 
“secretary of the Territory.” 

In section fifty-six, paragraph three, strike out “interior 
office” and insert “office of the secretary of the Territory.” 

In section fifty-six, first paragraph, after the words “can- 


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didate for election” insert “to the legislature;” and in the 
last paragraph strike out the word “only.” 

Strike out the word “elective” in section sixty-four. 

In sections twenty-seven, sixty-four, sixty-five, sixty- 
eight, seventy, and seventy-two strike out the words “minis¬ 
ter of the interior” or “minister” wherever they occur and 
insert in lieu thereof the word “governor.” 

Amend section sixty-seven so that it will read: “At 
least forty days before any election the governor shall issue 
an election proclamation and transmit copies of the same to 
the several boards of inspectors throughout the Territory, or 
where such election is to he held.” 

In section seventy-five strike out the word “perfectly,” 
and in section seventy-six strike out “in” and insert “on.” 

In section one hundred and twelve strike out “interior 
department” and insert in lieu thereof “office of the secretary 
of the Territory.” 

In section one hundred and fourteen strike out the word 
“Republic” wherever it occurs and insert in lieu thereof 
“Territory.” 

In section one hundred and fifteen strike out the words 
“minister” and “minister of the interior” and insert in lieu 
thereof “treasurer,” and strike out all after the word “re¬ 
freshments.” 

Sec. 65. That the legislature of the Territory may 


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from time to time establish and alter the boundaries of election 
districts and voting precincts and apportion the senators and 


representatives to be elected from such districts. 


Chapter 3.—The 


Executive. 


THE EXECUTIVE POWER. 

Sec. 66. That the executive power of the government of 
the Territory of Hawaii shall lie vested in a governor, who shall 
be appointed by the President, by and with the advice and 
consent of the Senate of the United States, and shall hold 
office for four years and until his successor shall be appointed 
and qualified, unless sooner removed by the President. He 
shall be not less than thirty-five years of age; shall reside 
w i thin th e Terri tory be a citizen of the Territory of Hawaii ; 
shall be commander in chief of the militia thereof; may grant 
pardons or reprieves for offenses against the laws of the said 
Territory, and reprieves for offenses against the laws of the 
United States until the decision of the President is made 
known thereon. 


ENFORCEMENT OF LAW. 

Sec. 67. That the governor shall be responsible for the 
faithful execution of the laws of the United States and of the 
Territory of Hawaii within the said Territory, and whenever 
it becomes necessary he may call upon the commanders of the 
military and naval forces of the United States in the Terri¬ 
tory of Hawaii, or summon the posse comitatus, or call out 



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the militia of the Territory to prevent or suppress lawless 
violence, invasion, insurrection, or rebellion in said Territory, 
and he may, in case of rebellion or invasion, or imminent 
danger thereof, when the public safety requires it, suspend 
the privilege of the writ of habeas corpus, or place the Ter¬ 
ritory, or any part thereof, under martial law until communi¬ 
cation can be had with the President and his decision thereon 
made known. 

GENERAL POWERS OF THE GOVERNOR. 

Sec. 68. That all the powers and duties which, by the 
laws of Hawaii, are conferred upon or required of the Presi¬ 
dent or any minister of the Republic of Hawaii (acting alone 
or in connection with any other officer or person or body) or 
the cabinet or executive council, and not inconsistent with 

i 

the Constitution or laws of the United States, are conferred 
upon and required of the governor of the Territory of Hawaii, 
unless otherwise provided. 

SECRETARY OF THE TERRITORY. 

Sec. 69. That there shall he a secretary of the said Ter- 
ritory, who shall be appointed by the President, by and with 
the advice and consent of the Senate of the United States, and 
who shall resid e - t - herem be a citizen of the Territory of Ha waii 
and hold his office for four years and until his successor shall 
be appointed and qualified, unless sooner removed by the 
President. He shall record and preserve all the laws and 



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proceedings of the legislature, and all acts and proceedings of 
the governor, and promulgate proclamations of the governor. 
He shall, within thirty days after the end of each session of 
the legislature, transmit to the President, the President of the 
Senate, and the Speaker of the House of Representatives of 
the United States one copy each of the laws and journals of 
such session. He shall transmit to the President, semi¬ 
annually, on the first days of January and July, a copy of 
the executive proceedings, and shall perform such other duties 
as are prescribed in this Act or as may be required of him 
by the legislature of Hawaii. 

ACTING GOVERNOR IN CERTAIN CONTINGENCIES. 

Sec. 70. That in case of the death, removal, resigna¬ 
tion, or disability of the governor, or his absence from the Terri¬ 
tory, the secretary shall exercise all the powers and perform 
all the duties of governor during such vacancy, disability, or 
absence, or until another governor is appointed and qualified. 

ATTORNEY-GENERAL. 

Sec. 71. That there shall be an attorney-general, who 
shall have the powers and duties of the attorney-general 
and those of the powers and duties of the minister of the 
interior which relate to prisons, prisoners, and prison inspect¬ 
ors, notaries public, and escheat of lands under the laws of 
Hawaii, except as changed by this Act and subject to modi¬ 
fication by the legislature. 


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TREASURER. 

Sec. 72. That there shall be a treasurer, who shall have 
the powers and duties of the minister of finance and those of 
the powers and duties of the minister of the interior which 
relate to licenses, corporations, companies and partnerships, 
business conducted by married women, newspapers, registry 
of conveyances, and registration of prints, labels, and trade¬ 
marks under the laws of Hawaii, except as changed in this 
Act and subject to modification by the legislature. 

COMMISSIONER OF PUBLIC LANDS. 

Sec. 73. That the laws of Hawaii relating to public 
lands, the settlement of boundaries, and the issuance of pat¬ 
ents on land-commission awards, except as changed by this 
Act, shall continue in force until Congress shall otherwise 
provide: Provided , however, That all sales, grants, leases, 
and other dispositions of the public domain, and agreements 
concerning the same, shall be reported in writing each month 
to the Secretary of the Interior, who shall have authority to 
confirm, reverse, modify, suspend, and annul any of said 
transactions. That all of said transactions so reported upon 
which no action shall be taken by the Secretary of the Interior 
within sixty days from the filing of such reports in his office 
shall thereupon and, thereby be confirmed and ratified. 

The Secretary of the Interior is hereby authorized and 
i eywired to provide and promulgate the rules and regulations 


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relative to all contests on the disposition of the public domain 
and appeals to him. That all sales, grants, leases, and other 
dispositions of the public domain, and, agreements concerning 
the same, and all franchises granted in good faith by the 
Hawaiian government in conformity with the laws of Hawaii 


between the seventh day of July, eighteen hundred and ninety 
eight, and the twenty-eighth day of September, eighteen hundred 
and ninety-nine, are hereby ratified and confirmed. In said 
laws “land patent” shall be substituted for “royal patent;” 
“commissioner of public lands” for “minister of the interior;” 
“agent of public lands,” and “commissioners of public lands,” 
or their equivalents; and the words “that I am a citizen of 
the United States,” or “that I have declared my intention to 
become a citizen of the United States, as required by law,” 
for the words “that I am a citizen by birth (or naturalization) 
of the Republic of Hawaii,” or “that 1 have received letters 
of denization under the Republic of Hawaii,” or “that I 
have received a certificate of special right of citizenship 
from the Republic of Hawaii.” And no lease of agri¬ 
cultural land shall be granted, sold, or renewed by the 
government of the Territory of Hawaii for a longer period 
than five years until Congress shall otherwise direct. All 
funds arising from the sale or lease or other disposal of such 


lands shall be appropriated by the laws of the government 
H. R. 2972-5 



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of the Territory of Hawaii and applied to such uses and pur¬ 
poses for the benefit of the inhabitants of the Territory of 
Hawaii as are consistent with the joint resolution of annexation, 
approved July seventh, eighteen hundred and ninety-eight. 

COMMISSIONER OF AGRICULTURE AND FORESTRY. 

Sec. 74. That the laws of Hawaii relating to agricul¬ 
ture and forestry, except as changed by this Act, shall con¬ 
tinue in force, subject to modification by Congress or the 
legislature. In said laws “commissioner of agriculture and 
forestry” shall be substituted, respectively, for “bureau,” 
“bureau of agriculture and forestry,” “commissioner,” “com¬ 
missioners of agriculture,” and “commissioners tor the island 
of Oahu.” 


SUPERINTENDENT OF PUBLIC WORKS. 

Sec. 75. That there shall be a superintendent ot public 
works, who shall have the powers and duties of the superin¬ 
tendent of public works and those of the powers and duties 
of the minister of the interior which relate to streets and 
highways, harbor improvements, wharves, landings, water- 

4 

works, railways, electric light and power, telephone lines, 
fences, pounds, brands, weights and measures, fires and fire¬ 
proof buildings, explosives, eminent domain, public works, 
markets, buildings, parks and cemeteries, and other grounds 
and lands now under the control and management of the min¬ 
ister of the interior, and those of the powers and duties of the 


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minister of finance and collector-general which relate to pilots 
and harbor masters under the laws of Hawaii, except as 
changed by this Act and subject to modification by the legis¬ 
lature. In said laws the word “legislature” shall be substi¬ 
tuted for “councils” and the words “the circuit court” for 
“the Hawaiian Postal Savings Bank.” 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

Sec. 76. That there shall he a superintendent of public 
instruction, who shall have the powers and perform the duties 
conferred upon and required of the minister of public instruc¬ 
tion by the laws of Hawaii as amended by this Act and sub¬ 
ject to modification by the legislature. 

AUDITOR AND DEPUTY AUDITOR. 

Sec. 77. That there shall be an auditor and deputy 
auditor, who shall have the powers and duties conferred upon 
and required of the auditor-general and deputy auditor-gen¬ 
eral, respectively, by act thirty-nine of the session laws, as 
amended by this Act, subject to modification by the legisla¬ 
ture. In said act “officer” shall be substituted for “minister” 
where used without other designation. 

SURVEYOR. 

Sec. 78. That there shall be a surveyor, who shall have 
the powers and duties heretofore attached to the surveyor- 
general, except such as relate to the geodetic survey of the 
Hawaiian Islands. 


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HltxH SHERIFF. 

Sec. 79. That there shall be a high sheriff and deputies 
who shall have the powers and duties of the marshal and 
deputies of the Republic of Hawaii under the laws of Hawaii, 
except as changed by this Act, and subject to modification by 
the legislature. 

APPOINTMENT, REMOVAL, TENURE, AND SALARIES OF 

OFFICERS 

Sec. 80. That the governor shall nominate and, by and 
with the advice and consent of the senate of the Territory of 
Hawaii, appoint the chief justice and justiees - of the supremo 
court ? the judges of the circuit courts, the attorney-general, 
who shall have been for one year actual residents of the Ter¬ 
ritory of Hawaii, treasurer, commissioner of public lands, com¬ 
missioner of agriculture and forestry, superintendent of public 
works, superintendent of public instruction, auditor, deputy 
auditor, surveyor, high sheriff, members of the board of health, 
commissioners of public instruction, board of prison inspect¬ 
ors, board of registration and inspectors of election, and any 
other boards of a public character that may be created by law; 
and he may make such appointments when the senate is not 
in session by granting commissions, which shall, unless such 
appointments are confirmed, expire at the end of the next 
session of the senate. He may for cause assigned , to be com¬ 
municated to the senate, remove from office any of such offi- 




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cers except the chief justice and justices of the supreme court 
and the judges of the circuit courts, who shall be removable 
by impeachment only. All such officers shall hold office for 
four years and until their successors are appointed and quali¬ 
fied, unless sooner removed, except the chief justice and jus¬ 
tices of the supreme court, who shall hold office d ur - ing - good 
behavior for nine years, and the judges of the circuit courts, 
whose terms of who shall hold office s hall - be for six years, 
and except the commissioners of public instruction and the 
members of said boards, whose terms of office shall be as pro¬ 
vided by the laws of the Territory of Hawaii. 

The manner of appointment and removal and the tenure 
of all other officers shall be as provided by law; and the 
governor may appoint or remove any officer whose appoint¬ 
ment or removal is not otherwise provided for. 

The salaries of all officers other than those appointed by 
the President shall be as provided by the legislature, but 
those of the chief justice and the justices of the supreme 
court and judges of the circuit courts shall not be diminished 
during their term of office. 

All persons holding office in the Hawaiian Islands at the 
time this Act takes effect shall, except as herein otherwise 
provided, continue to hold their respective offices until such 
offices become vacant, but not beyond the end of the first 
session of the senate of the Territory of Hawaii unless reap- 






38 


1 pointed as herein provided e N e ept -t hc chief justice and n sso- 

2 eiato justices of the s upreme eonrt an d— the ju d g e s of-t he 

3 circuit, courts - , who -sha ll continue in office until their resp ee- 

4 tivc offices become vaca n t . 

5 Chapter IV. 

6 THE JUDICIARY. 


7 Sec. 81. That the judicial power of the Territory shall 

8 be vested in one supreme court and in such inferior courts as 

9 the legislature may from time to time establish. And until 

10 the legislature shall otherwise provide, the laws of Hawaii 

11 heretofore in force concerning the severed courts and their 

12 jurisdiction and procedure shall continue in force except as 

13 herein otherwise provided. 

14 SUPREME COURT. 


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Sec. 82. That the supreme court shall consist of a chiet 
justice and not less th an- two associate justices, who shall be 
citizens of the Territory of Hawaii and shall be appointed 
by the President of the United States, by and with the advice 
and consent of the Senate of the United States, and may be 
removed by the President : Provided, however, That in case 
of the disqualification or absence of any justice thereof, in any 
cause pending before the court, on the trial and determination 
of said cause his place shall be filled as provided by law. 

LAWS CONTINUED IN FORCE. 


Sec. 83, That the laws of Hawaii relative to the judi- 


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cial department, including civil and criminal procedure, except 
as amended by this Act, are continued in force, subject to modi¬ 
fication by Congress, or the legislature. The provisions of said 
laws or any laws of the Republic of Hawaii which require 
juries to be composed of aliens or foreigners only, or to be con¬ 
stituted by impaneling natives of Hawaii only, in civil and 
criminal cases specified in said laws, are repealed, and all juries 
shall hereafter be constituted without reference to the race or 
place of nativity of the jurors; but no person who is not a 
male citizen of the United States or and twenty-one years of 
age and who can not understanding^ speak, read, and write 
the English language shall be a qualified juror or grand 
juror in any - eourt - of ' the Territory of Hawaii. No person 
shall he convicted in any criminal case except by unanimous 
verdict of the jury. No plaintiff or defendant in any suit or 
proceeding in a court of the Territory of Hawaii shall he 
entitled to a trial by a jury impaneled exclusively from per¬ 
sons of any race. Until otherwise provided by the legislature 
of the Territory, grand juries may be drawn in the manner 
provided by the Hawaiian statutes for drawing petty juries, 
and shall sit at such times as the circuit judges of the respec¬ 
tive circuits shall direct; the number of grand jurors in each 
circuit shall be not less titan thirteen, and the method of the 
presentation of cases to said grand jurors shall be prescribed 
by the supreme court of the Territory of Hawaii. The sev- 



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eral circuit courts may subpoena witnesses to appear before 
the grand jury in like manner as they subpoena witnesses to 
appear before their respective courts. 

DISQUALIFICATION BY RELATIONSHIP, PECUNIARY INTER¬ 
EST, OR PREVIOUS JUDGMENT. 

Sec. 84. That no person shall sit as a judge or juror in 
any case in which his relative hy affinity or hy consanguinity 
within the third degree is interested, either as a plaintiff or de¬ 
fendant, or in the issue of which the said judge or juror may 
have, either directly or through such relative, any pecuniary 
interest. No judgc - s k all - s i t - on-nn - uppcnl - or new trial in any 
e a s e - in - whioh he may - have givcn - a p r ev io u s-j udgme n t r 

IMPEACHMENT. 

Sec. 85. That the chief justice and associate justices 
of the supreme court - and the judges of the circuit court of 
the Territory shall lie liable to removal from office on im¬ 
peachment hy the house of representatives upon any of the 
following grounds, namely: Any act or negligence involving 
moral turpitude punishable hy law as an offense and com¬ 
mitted while in office, incapacity for the due performance of 
official duty, or maladministration in office. 

The senate shall be a court with full and sole authority 
to hear and determine all impeachments made by the house 
of representatives. 

The chief justice of the supreme court shall he ex 






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officio president of the senate in all cases of impeachment? 
unless when - impeached- himself — Should the chief justice 

governor shall preside o ver - th - e senatc - du ri ng - such - t ri a l. 

Previous to the trial of any impeachment the senators 
shall respectively be sworn truly and impartially to try and 
determine the charge in question according to law and the 
evidence. 

The judgment of the senate, in case of the conviction 
of the person impeached, shall not extend further than to 
removal from office and disqualification to hold any place of 
honor, trust, or profit under the government; but the person 
so convicted shall be, nevertheless, liable to indictment, trial, 
judgment, and punishment according to law. 

Chapter 5.—United States Officers. 

DELEGATE TO CONGRESS. 

Sec. 86. That a Delegate to the House of Represent¬ 
atives of the United States, to serve during each Congress, 
shall be elected by the voters qualified to vote for members 
of the house of representatives of the legislature; such Dele¬ 
gate shall ^qu alified to vote for representative possess the 
qualifications necessary for membership of the house of rep¬ 
resentatives of the legislature of Hawaii. The times, places, 
and manner of holding elections shall be as fixed by law. 

H. R. 2972-6 








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The person having the greatest number of votes shall he 
declared by the governor duly elected, and a certificate shall 
he given accordingly. Every such Delegate shall have a 
seat in the House of Eepresentatives, with the right of debate, 
hut not of voting. 

FEDERAL COURT. 

Sec. 87. That a judicial district of the United States is 
established for the Territory of Hawaii, to be called the district 
of Hawaii, which shall be included in the ninth judicial circuit 
of the United States. The President of the United States, by 
and with the advice and consent of the Senate of the United 
States, shall appoint a district judge, a district attorney, and a 
marshal of the United States for the said district. The district 
court for the said district shall have, in addition to the ordi¬ 
nary jurisdiction of district courts of the United States, 
jurisdiction of all cases cognizable in a circuit court, and shall 
proceed therein in the same manner as a circuit court. The 
laws of the United States relating to appeals, writs of error, 
removal of causes, and other matters and proceedings as 
between the courts of the United States and the courts of the 
several States shall govern in such matters and proceedings 
as between the courts of the United States and the courts of 
the Territory of Hawaii. Regular terms of said court shall 
be held at Honolulu on the second Monday in April and 
October and at Hilo on the last Wednesday in January of 


43 


1 each year; and special terms may he held at such times and 

2 places in said district as the said judge may deem expedient. 

3 INTERNAL-REVENUE DISTRICT. 


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Sec. 88. That the Territory of Hawaii shall constitute 
a district for the collection of the internal revenue of the 
United States, with a collector, whose office shall he at Hono¬ 
lulu, and deputy collectors at such other places in the several 
islands as the Secretary of the Treasury shall direct. 

CUSTOMS DISTRICT. 


Sec. 89. That the Territory of Hawaii shall comprise 
a customs district of the United States, with ports of entry 
and delivery at Honolulu, Hilo, Mahukona, and Kalmlui. 


13 Chapter 6.— Miscellaneous. 

14 revenues from wharves. 

15 Sec. 90. That until further provision is made by Con- 

16 gross the wharves and landings constructed or controlled hy 

17 the Republic of Hawaii on any seacoast, bay, roadstead, or 

18 harbor shall remain under the control of the government of 

19 the Territory of Hawaii, which shall 'receive and enjoy all 

20 revenues derived therefrom, on condition that said property 

21 shall be kept in good condition for the use and convenience 

22 of commerce, but no tolls or charges shall be made by the r/ov- 

23 eminent of the Territory of Hawaii for the use of any such 
property by the United States, or by any vessel of war, tug, 


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revenue cutter, or other boat or transport in the service of the 
United States. 

Sec. 91. That Hawaiian postage stamps, postal cards, 
and stamped envelopes at the post-offices of the Hawaiian 
Islands when this Act takes effect shall not he sold, but, together 
with those that shall thereafter he received at such offices as 
herein provided, shall he canceled under the direction of the 
Postmaster-General of the United States; those previously 
sold and uncanceled shall, if presented at such offices within 
six months after this Act takes effect, he received at their 
face value in exchange for postage stamps, postal cards, and 
stamped envelopes of the United States of the same aggre¬ 
gate face value and, so far as may he, of such denominations 
as desired. 

Sec. 92. That the public property ceded and trans¬ 
ferred to the United States by the Republic of Hawaii under 
the joint resolution of annexation, approved July seventh, 
eighteen hundred and ninety-eight, shall be and remain in the 
possession, use, and control of the government of the Terri¬ 
tory of Hawaii, and shall he maintained, managed, and cared 
for by it, at its own expense, until otherwise provided for 
by Congress, or taken for the uses and purposes of the United 
States by direction of the President or of the governor of 
Hawaii. 

Sec. 93. That the following officers shall receive tire 


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following annual salaries, to be paid by the United States: 
The governor, five thousand dollars; the secretary of the 
Territory, three thousand dollars; the United States district 
judge, five thousand dollars; the United States marshal, 
two thousand dollars; the United States district attorney, 
two thousand dollars. And the governor shall receive an¬ 
nually, in addition to his salary, the sum of five hundred dol¬ 
lars for stationery, postage, and incidentals; also his traveling 
expenses while absent from the capital on official business, 
and the sum of two thousand dollars annually for his private 
secretary. 

IMPORTS FROM HAWAII INTO THE UNITED STATES. 

Sec. 94. That imports from any of the Hawaiian Islands, 
into any State or any other Territory of the United States, of 
any dutiable articles not the growth, production, or manufac¬ 
ture of said islands, and imported into them from any foreign 
country after July seventh, eighteen hundred and ninety- 
eight, and before this Act takes effect, shall pay the same 
duties that are imposed on the same articles when imported 
into the United States from any foreign country. 

INVESTIGATION OF FISHERIES. 

Sec. 95. That the Commissioner of Fish and Fisheries 
of the United States is empowered and required to examine 
into the entire subject of fisheries and the laws relating to the 
fishing rights in the Territory of Hawaii, and report to the 


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President touching the same, and to recommend such changes 
in said laws as he shall see fit. The sum of five thousand 
dollars, or -so -muoh -- thereof as—may - -he necessary, is her eb y 

appropri ated, out of any-m oney in -the Trea s ury not otherwise 

appropriated, to be - imm e d i ately - a - v afi altle for the purpo ses 

a fores aid. - 

REPEAL OP LAWS CONFERRING EXCLUSIVE FISHING 


RIGHTS. 


Sec. 96. That all laws of the Republic of Hawaii which 
confer exclusive fishing rights upon any person or persons are 
hereby repealed, and all fisheries in the sea waters of the 


Territory of Hawaii not included in any fish pond or artificial 
inclosure shall be free to all citizens of the United States, sub¬ 
ject, however, to vested rights; but no such vested right shall 
be valid after three years from the taking effect of this Act 
unless established as hereinafter provided. 

PROCEEDINGS for opening fisheries TO CITIZENS. 

Sec. 97. That any person who claims a private right 
to any such fishery shall, within two years after the taking 
effect of this Act, file his petition in a circuit court of the 
Territory of Hawaii, setting forth his claim to such fishing 
right, service of which petition shall be made upon the 


attorney-general, who shall conduct the case for the Territory, 
and such case shall be conducted as an ordinary action at law. 
That if such fishing right be established, the governor oi 







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the Territory of Hawaii may proceed, in a manner provided 
by law for the condemnation of property for public use, to 
condemn such private right of fishing to the use of the citizens 
of the United States upon making just compensation, which 
compensation, when lawfully ascertained, shall be paid out of 
any money in the treasury of the Territory of Hawaii not 
otherwise appropriated. 

QUARANTINE. 

Sec. 98. That quarantine stations shall be established 
at such places in the Territory of Hawaii as the Super¬ 
vising Surgeon-General of the Marine-Hospital Service of the 
United States shall direct, and the quarantine regulations for said 
islands relating to the importation of diseases from other coun¬ 
tries shall be under the control of the Government of the United 
States. The quarantine station and grounds at the harbor of 
Honolulu, together with all the public property belonging to 
that service, shall be transferred to the Marine-Hospital 
Service of the United States, and said quarantine grounds 
shall continue to be so used and employed until the station is 
changed to other grounds which may be selected by order of 
the Secretary of the Treasury. 

I 

The health laws of the government of Hawaii relating to 
the harbor of Honolulu and other harbors and inlets from the 
sea and to the internal control of the health of the islands shall 
remain in the jurisdiction of the government of 'the Territory 


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of Hawaii, subject to the quarantine laws and regulations 
of the United States and the United States shall —s ustain 
one half of the - cost of the maintenance and execution o f-tke 

health-establishment of the -' government relating to the leper 

scttlement - on - the isl a n d-o f-41olok ai, and the leper hospital 

at Kalihi, and - the homes - at - wh i eh '- the - ehildren - of lepers are 

received and - oared - fur on the island of Molokai-and - at-Kalihi . 

The president of the board, of health may be a salaried officer. 

Sec. 99. That all vessels carrying Hawaiian registers, 
permanent or temporary, on August twelfth, eighteen hun¬ 
dred and ninety-eight, together with the following-named ves¬ 
sels claiming Hawaiian register, Star of France, Eu¬ 
terpe, Star of Russia, Falls of Clyde, and Wilscott, 
shall he entitled to be registered as American vessels, with 
the benefits and privileges appertaining thereto. 

Sec. 100. That the portion of the public domain here¬ 
tofore known as Crown land is hereby declared to have 
been, on August twelfth, eighteen hundred and ninety- 
eight, and prior thereto, the property of the Hawaiian 
government, and to be free and clear from any trust of or 
concerning the same, and from all claim of any nature what¬ 
soever upon the rents, issues, and profits thereof. It shall 
be subject to alienation and other uses as may be provided 
by law. 








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Sec. 101. That for the purposes of naturalization under 
the laws of the United States residence in the Hawaiian 
Islands prior to the taking effect of this Act shall be deemed 
equivalent to residence in the United States and in the Terri¬ 
tory of Hawaii, and the requirement of a previous declaration 
of intention to become a citizen of the United States and to 
renounce former allegiance shall not apply to persons who have 
resided in said islands at least five years prior to the taking 
effect of this Act; but all other provisions of the laws of the 
United States relating to naturalization shall, so far as appli¬ 
cable, apply to persons in the said islands. 

Sec. 102. That Chinese in the Hawaiian Islands when 
this Act takes effect may within one year thereafter obtain 
certificates of residence as required by “An Act to prohibit 
the coming of Chinese persons into the United States,” 
approved May fifth, eighteen hundred and ninety-two, as 
amended by an Act approved November third, eighteen hun¬ 
dred and ninety-three, entitled “An Act to amend an Act 
entitled ‘An Act to prohibit the coming of Chinese persons 
into the United States, 5 approved May fifth, eighteen hun¬ 
dred and ninety-two,” and until the expiration of said year 
shall not be deemed to be unlawfully in the United States if 
found therein without such certificates. 

Sec. 103. That the lcgislature - ol^ he- R e public of - Hawaii 

H. R. 2972-7 




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